Citation : 2021 Latest Caselaw 13124 Ker
Judgement Date : 23 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
WP(C) NO. 23220 OF 2019
PETITIONER:
GLADIS MARY
AGED 63 YEARS
W/O.THOMAS, KULANGARA HOUSE, MALIPPURAM P.O., VYPPIN,
ERNAKULAM DISTRICT, PIN-682 511.
BY ADVS.
M.B.SHYNI
SRI.DEEPAK RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE DISTRICT POLICE CHIEF(ERNAKULAM RURAL),
OFFICE OF THE SUPERINTENDENT OF POLICE, ALUVA, ERNKAULAM
DISTRICT, PIN-683 101.
3 THE INSPECTOR S.H.O., NJARAKKAL POLICE STATION,
NJARAKKAL, ERNAKULAM DISTRICT, PIN-682 505.
4 THE SUB INSPECTOR OF POLICE,
NJARAKKAL POLICE STATION, NJARAKKAL, ERNAKULAM DISTRICT,
PIN-682 505.
5 K.P.POLI,
AGED 55 YEARS
S/O.LATE PAILEE, KULANGARA HOUSE, NJARAKKAL, ERNAKULAM
DISTRICT, PIN-682 505.
R1 TO R4 BY ADV.SRI.SUNILNATH N.B, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23220 OF 2019
2
JUDGMENT
This writ petition is filed with following prayer:
Issue a writ of mandamus or such other writ or direction directing the 3rd respondent to afford sufficient police protection to the personal life of the petitioner, her family members and her property.
2. According to the petitioner there is threat to the life of
the petitioner and her family members from the contesting
respondent. This Court issued notice to the 5 th respondent on
04.10.2019. Even after getting notice, there is no appearance for
the 5th respondent. The Government Pleader submitted that there
is no threat to the life of the petitioner and if there is any such
threat, the petitioner is free to approach the local police station
and the Police will do the needful in accordance to law.
In the light of the above submission, this writ petition can be
disposed in the following manner:
1. If there is any threat to the life of the petitioner
or her family members from the 5 th respondent
or his men, the petitioner is free to approach the
3rd respondent with a complaint.
2. If such a complaint is received, the 3 rd WP(C) NO. 23220 OF 2019
respondent will do the needful to protect the life
of the petitioner and her family members.
With the above observations, this writ petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C) NO. 23220 OF 2019
APPENDIX OF WP(C) 23220/2019
PETITIONER ANNEXURE
EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED
20.08.2019 ISSUED BY NJARAKKAL VILLAGE.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 30.11.2010 IN IA NO.240/09 IN OS NO.179/2007 OF SUB COURT, KOCHI.
EXHIBIT P3 A TRUE COPY OF THE FINAL DECREE DATED 30.11.2010 IN IA NO.240/09 IN OS NO.179/2007 OF SUB COURT, KOCHI.
EXHIBIT P4 A TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BEFORE THE SUB COURT, KOCHI FOR POLICE ASSISTANCE IN IA NO.93/2013 IN EP NO.66/2012 IN OS NO.179/2007.
EXHIBIT P5 A TRUE COPY OF THE PETITION DATED 20.08.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
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